What you’ll learn in this article:

– What legal remedies you can use against enforcement
– When to file a motion to terminate enforcement
– How and when to ask for a suspension
– When insolvency may be your best option
– What to prepare – and what mistakes to avoid

🛡️ Legal remedies against enforcement

1. Motion to terminate enforcement

The most powerful tool. You may file it if:

• the debt no longer exists (already paid),

• the claim is no longer enforceable (e.g. statute of limitations),

• the enforcement title is invalid (procedural errors),

• the enforcement is against the wrong person.

2. Motion to suspend enforcement

This temporarily halts enforcement. Often used when filing a lawsuit, negotiating repayment, or in cases of special hardship (e.g. illness, personal crisis).

3. Objections to enforcement actions

You can object to specific actions – e.g. if the executor seized property that doesn’t belong to you, or acted unlawfully. You should include evidence: receipts, sworn statements, witnesses.

4. Exclusion lawsuit (third-party claim)

If the executor seizes property owned by someone else, the real owner can file a claim to exclude the property from enforcement.

5. Insolvency filing

If you’re facing multiple enforcement cases and can’t pay them, personal bankruptcy (oddlužení) may be your best chance. It stops all enforcement and gives you a chance to start over.

⚠️ Real case: enforcement based on a 15-year-old promissory note

Radek was targeted by enforcement based on an old promissory note he claimed was repaid in cash. Enforcement ran without his knowledge. After filing a motion to terminate and submitting evidence (receipts, witness statements), the court cancelled the enforcement. Without this, he would’ve paid CZK 130,000 for a debt he didn’t owe.

💣 Most common mistake: thinking enforcement “cannot be stopped”

Many people believe that nothing can be done once enforcement begins. But there’s almost always a legal option – if filed in time and supported by facts. Even if you don’t win, you can delay or reduce costs.

🛡️ Lawyer’s advice

I represent debtors and property owners affected by enforcement – often unjustly. The most common mistakes I see:

• filing motions too late

• not submitting any evidence

• doing nothing at all

Even if you owe money, you are entitled to fair procedure. Executors are not all-powerful – and they do make mistakes.